How a Birth Injury Attorney Can Help Families Get the Compensation They Need

Although advances in medicine make childbirth safer than ever, complications can still arise following the birth of the baby. If you suspect your child has suffered injuries to the birth that could have been prevented contact a birth injuries lawyer right away.

A firm that concentrates on birth injury cases is likely to finance all litigation costs and only pay when they are successful in winning an award in your case.

Damages

Although medical advances have made childbirth a lot safer than it was previously but many mothers and their babies are still at risk of injuries from a variety of reasons. This includes oxygen deprivation, head trauma and infections. These injuries can cause permanent and traumatic disabilities, including cerebral palsy. An experienced attorney for birth injuries will assist families to receive the compensation they require to fund lifelong care and support.

Your attorney will ask for all medical records and reports relevant to the injuries suffered by your baby. They will also engage medical experts to analyze the evidence and give an official opinion as to whether the medical experts involved in the delivery of your baby violated the standard of care. In a typical case, an expert will evaluate the medical treatment provided by defendant to practices that are commonly used by medical experts with similar training and experience.

Damages are awarded for economic and non-economic losses. Economic damages cover costs like current and future medical bills, lost income and property losses. Non-economic damages may include emotional distress, pain and suffering. In rare instances punitive damages could also be awarded. These are meant to penalize the responsible party and discourage similar behaviour in the future. These are different from compensatory damages, which are awarded to cover actual losses.

Medical Experts

While medical advances have made childbirth more secure than ever, the procedure still poses a risk for mother and baby. It is the responsibility of doctors and nurses involved in a delivery to behave in a professional manner and avoid mistakes that could result in devastating consequences for the health of both parties. If they fail to do this and cause a birth Injury Lawyers injury parents can seek compensation for their damages.

A birth injury attorney will work closely with you throughout the course of your case, from the initial consultation until the final resolution. They will gather evidence from you, like witness testimony and medical records. They will also obtain expert opinions from other sources like doctors and specialists.

The experts will analyze the evidence and give an official opinion on whether the injuries were the result of medical negligence. This will be utilized by the lawyer to decide on the best way to proceed.

If the medical expert is of the opinion that there was a malpractice and your lawyer files a lawsuit against those responsible parties. This includes the obstetrician who was in charge of your pregnancy, any nurses, surgeons or hospital personnel who assisted during the delivery.

The costs of a lawsuit may be expensive due to the charges for expert witnesses, records and depositions. Your lawyer will cover these costs and then reimburse you once they have won an agreement on your behalf.

Preparing for a trial

In general, a birth injuries lawyer is a person who handles any case in which the infant suffered injuries due to negligence of a doctor prior to or shortly after birth. In analyzing the case the lawyer will take into consideration two things: whether or not there any evidence of medical negligence and the extent of the injury.

Attorneys frequently consult with medical experts to determine whether the injury was the result of medical malpractice. Experts will carefully review documents from the pregnancy, the child's birth and the medical treatment given to the injuries following. They will also be in a position to determine the effects of the injuries suffered by the child on their future.

The experts will aid the lawyer in determining the medical providers who will be named as defendants in the lawsuit. The lawyer will send a letter to the medical providers and their insurance companies inquiring them to respond to the claim. A reputable birth injury lawyer will be able to negotiate with insurance companies, and be ready to take on trial if required.

Parents could be entitled to damages for past and future medical expenses resulting from the injuries sustained by their child. They may also be able to claim damages for suffering and pain. These damages can be significant when the child's injuries were serious. A skilled birth injury lawyer will maximize the amount of compensation given to parents.

Insurance Companies

A birth injury lawsuit isn't able to erase the harm done to your child but it can help pay for future medical expenses therapy, home modifications, and ongoing support. These expenses may seem overwhelming, but a seasoned birth injury lawyer will work with several experts to determine the financial effects on your family from an injury that you suffered and the amount of compensation you are entitled to.

To file a claim for birth injury, you must first prove that your doctor and your child have an official relationship and that the doctor violated this relationship by failing to act properly prior to or during your child's birth. This is easy to prove through the collection of your medical records and hospital bills.

After this is established the lawyer needs to determine what specific actions the doctor took that were negligent and how these impacted the health of your child. A birth injury lawyer can help you locate the medical documents, expert witness testimony and other evidence needed to prove your claim.

A good birth injury lawyer can handle the entire complexity of your case and will never require you to pay out of your pocket to seek justice. They should be able to work on a contingent fee basis which means they only receive compensation if they prevail in your case and the amount they earn is a portion of the settlement or award you receive.